Everett v. Morrison

Case # 000031, 000740

Appellant/Plaintiff

David Everett

Appellee/Defendant

William Morrison

Appellant/Plaintiff Attorneys

  • David Blackwell

Appellee/Defendant Attorneys

  • Elias Kent Kane

County of Origin

St. Clair County

Justice

Justice William Wilson Justice John Reynolds

Terms of Court

November 1823

Type of Case

Debt

Disposition

Reversed

Citation

1 Ill 79

Case Summary

Morrison sued Bailey and Everett in a justice of the peace court in St. Clair County with a judgment favoring Everett. Morrison appealed to the circuit court, which reversed the decision, ruling in favor of Morrison. The dispute arose from a credit arrangement where Everett acted as security for Bailey's goods. Despite the lack of a written agreement, the court held Everett liable. Everett appealed to the Illinois Supreme Court and reversed the judgment in favor of Everett, deeming Everett's undertaking collateral and subject to the statute of frauds and perjuries. Justice John Reynolds dissented, expressing uncertainty about Everett's role.

Illinois Reports File